Los Angeles daily herald., 1887-10-07
RESTORED.
Indemnity Lands Open to Entr!
To-day.

/ Iln0emm1ty Lam0S open 10 EutEy
To-day.
The fact that certain lands will be
open to settlement to-day, as an
nounced in yesterdays HERALD, is ex'
citing considerable interest, and in or.
der that all may have perfect under
standing of the subject the following
circular of the General Land Office at
Washington is printed:
The Hon. Secretary of the Interior
having revoked the Indemnity with
drawals for the benefit of certain rail
road and wagon-road companies, and
directed that all lands embraced
therein be restored to the public do
main and open to settlement under
the general land laws. the following is
submitted in answer to the numerous
inquiries relative thereto.
The order of revocation and restora-
ton includes all the lands within the
indemnity limits of the grants for
the roads hereinafter mentioned,
except such lands as may be
covered by approved selections, by
which is meant selections which have
been examined and approved by the
COMMISSIONS of this office and the
Secretary of the Interior. 1t is pro-
vided, however, that the order Of
restoration shall not affect rights ac-
quired by grantees within the primary
or granted limits of any other Con-
gressional grant.
As to lands covered by unapproved
selections, applications to make filings
and entries thereon may be received,
noted, and held subject to the claim
of the company, of which claim the
applicant must be distinctly informed
and memoranda thereof entered upon
his papers.
Whenever such application to file OF
enter is presented, alleging upon suffi-
cient prima .facie showing that the
land if not from any cause subject to
the company's right of selection, no
tice thereof will be given to the proper
representative of the company, which
will be allowed thirty days after ser
vice of said notice within which to
present objections to the allowance oi
said filling or entry.
Should the company fail to respond
or show cause before the district land
officers why the application should
not be allowed, said application fol-
filing or entry will be admitted, and
the selection held for cancellation
but should the company appear and
show cause, an investigation will be
ordered under the rules of practice to
determine whether said land is subject
to the right of the company to make
selection of the same, which will be
determined by the Register and Re-
ceiver, subject to the right of appeal
in either party.
When appeals are taken from the
decision of the Register and Receiver
to this office in the class of cases
above provided for, they will be dis
posed Of without delay, and if the de-
cision should be in favor of the COM
pany, and no appeal taken, the land
will be certified to the Secretary of the
Interior for approval for patent with
out requiring further action on the
part of the company except the pay
ment of the required fees. If the de-
cision should be adverse to the COM
pany, and no appeal taken, the
selection will be Cancelled and the
filing or entry allowed subject to COM
pliance with law.
Lands which have not been selected
will be subject to settlement and entry
as other public lands, and notice to
the company will not be required.
The Secretary's orders revoking said
indemnity Withdrawals takes place
from the date of the issue thereof,
so as to open the lands
embraced therein to settlement
but filings and entries of said lands
will not be received until notice oi
the restoration shall have been
given by public advertisement for a
period of thirty days, it being the in
tention of the order of revocation thai
as against actual settlement thereafter
made, the orders Of the department
withdrawing such lands shall no lon
ger be an obstacle. Rights, both O
the company and of settlers, attachin.
prior to the issue OF the Secretary's or
der, will be determined by the fact
in each case.
The necessary instructions for th'
restoration of the lands affected by th'
Secretary's orders have been issued t.
the Registers and Receivers for tn,
land districts in which the lands ar
situated to whom application to enter
| or for any further information shoul,
be made. The restoration as ordere'
is to entry under the general LAM
laws relating to settlement. Privat
cash entries of the restored lands vii
not be allowed.